Montana § 85-7-2212 Irrigation Ditches -- Limits Of Liability

Montana Statutes

§ 85-7-2212 — Irrigation Ditches -- Limits Of Liability

Montana § 85-7-2212

Title 85WATER USE

Ch. 7IRRIGATION DISTRICTS

Part 22Miscellaneous Provisions

This text of Montana § 85-7-2212 (Irrigation Ditches -- Limits Of Liability) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 85-7-2212 (2026).

Text

85-7-2212 . Irrigation ditches -- limits of liability. An irrigation district or private person or entity owning or operating irrigation diversions, aqueducts, canals, ditches, drains, flumes, headgates, siphons, or other water conveyance structures or infrastructure is not liable for:

(1)personal injury or property damage resulting from floodwaters caused by rainfall or other weather conditions or acts of nature;

(2)personal injury or property damage occurring on another's land and caused by water seepage that existed or began before the injured person first arrived on or obtained an interest in the land or before the damaged property was first placed on the land, if the seepage does not carry toxic chemicals onto the land;

(3)injury to a person or property while, without authorization

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85-7-2212 . Irrigation ditches -- limits of liability. An irrigation district or private person or entity owning or operating irrigation diversions, aqueducts, canals, ditches, drains, flumes, headgates, siphons, or other water conveyance structures or infrastructure is not liable for:
(1) personal injury or property damage resulting from floodwaters caused by rainfall or other weather conditions or acts of nature;
(2) personal injury or property damage occurring on another's land and caused by water seepage that existed or began before the injured person first arrived on or obtained an interest in the land or before the damaged property was first placed on the land, if the seepage does not carry toxic chemicals onto the land;
(3) injury to a person or property while, without authorization of the district or private person or entity, the person or property is on land or water controlled by the district or private person or entity, unless the irrigation district or private person or entity engaged in willful or wanton misconduct; or
(4) death of a person or animal from drowning or other causes, unless the irrigation district or private person or entity was grossly negligent or engaged in willful or wanton misconduct.